You became a lawyer and sent the judge in?

Chapter 165 Who Claims, Who Provides Evidence, Doesn't He Know? !
In court.

Li Xuezhen has a proud face, like a little peacock who has won.

Su Bai: ...
A reminder: "Don't stare for now... Prepare the litigation materials that will be used later."

"Oh."

"Good Lawyer Su."

Li Xuezhen nodded seriously.

In the plaintiff's seat, Chen Meixia was a little bit embarrassed. She had lived for so many years, and this was the first time she met the eyes of a young man, and she did not win.

The more I thought about it, the more angry I became, but in the end I still didn't say anything, and sat quietly in my seat.

Neither Li Zhuang nor Li Jun spoke, and sat down silently.

Both plaintiff and defendant sat in their respective seats.

The clerk began to read the court discipline:
"one:.….…."

"two:.….…."

"three:.….…."

"Four:.….…."
.
 …
After the reading was completed, it was accompanied by a sentence: "Everyone stand up, and the presiding judge is invited to enter the venue."

Swish swish.

In the courtroom, all those involved in the lawsuit stood up.

The three members of the collegial panel walked up to the trial stage and stood on the trial stage.

Clerk: "Presiding judge, all the personnel have arrived and the court can begin."

dong dong!

Qian Wei knocked on the gavel: "Open the court!"

"please sit down."

Swish, swish, and everyone at the trial site took their seats one after another.

Qian Wei looked around at the seats on the trial bench, his eyes rested on Chen Meixia for a while and then moved away for a moment.

Then, he looked down at the litigation materials.

With regard to this helping person case, Qian Wei has learned about the general process of this case.

Because a friend had already greeted him before, he deliberately paid a little attention to this case.

What about this case...

In his opinion, any judgment is fine.

And it won't be a big problem.

For the verdict.

Qian Wei already had an idea in his heart.

When he was the presiding judge, he made many judgments on such civil cases with insufficient evidence.

He has even roughly guessed the litigation variables of this case.

In his heart, generally speaking, the problem is not big.

After reviewing the litigation materials and clarifying his thoughts, Qian Wei glanced at the plaintiff's seat and said:
"Okay, the court is now in session."

Qian Wei flipped through the lawsuit materials:
"Both the plaintiff and the defendant began to state their information identities and agency authority for verification."

"Plaintiff, please start stating the identity information of the persons present in court, as well as the authority to act as an attorney."

"Good judge."

Xiao Feng nodded.

To him, this case was not a big one.

Although Xiao Feng is only a middle-level civil litigation lawyer in a first-class law firm in Nandu.

But in general civil litigation.

It mainly depends on the method of litigation and the angle of argument, and the tendency of the judgment lies in the collegial panel and the presiding judge.

In civil litigation, the basis is the content of evidence.

Just go with the evidence.

Xiao Feng is actually not optimistic about this case, but since he has already accepted it, he still has to do himself a good job as a lawyer.

Xiao Feng continued to speak:
"The identity information of our court attendees, Nandu Baichuan Law Firm lawyer Xiao Feng, the parties present in court Chen Meixia, Li Zhuang, and Li Jun, the agency authority is special agency."

Special agents are also called discretionary agents.

Lawyers have the right to reconcile and withdraw the lawsuit on their behalf.

Boom boom boom!
"The plaintiff has finished his statement, and now the defendant is asked to state the identity of the person appearing in court and the authority of litigation representation."

Qian Wei turned his attention to the defendant's seat.

"Presiding judge, the identity information of our court personnel, lawyer Su Bai of Nandu Baijun Law Firm, assistant lawyer Li Xuezhen, and the client Zhang Dahu, the agency authority is special authority."

dong dong!

After verifying the identity information and agency authority, the presiding judge Qian Wei continued:
"This case is heard by the Nandu DC District Court on its behalf. The trial member Qian Wei serves as the presiding judge, and the judges Xie Mingyan and Zhu Yuanfang form a collegial panel."

"According to the Code of Civil Procedure . . . "

"If the plaintiff and the defendant have objections to the judge appearing in this case, they can apply for withdrawal..."

"Does the plaintiff have any objections? Do you apply for recusal?"

Xiao Feng: "No objection, no application for recusal."

Su Bai: "No objection, no application for recusal."

Hearing the answers from both parties, Qian Wei began to read the reasons for the case:
"The cause of the case is that the plaintiff Fang Chen Meixia accused the defendant Fang Zhang Dahu of bumping into Chen Meixia in Xishui Street on May 5, causing her to fall unconscious and hospitalized, resulting in huge medical expenses"

"Now Chen Meixia filed a lawsuit against Zhang Dahu to recover medical expenses, as well as subsequent compensation and mental damage expenses. Is the cause of the case true?"

"Presiding Judge, the case is true."

dong dong!

"Confirm the facts of the case, and ask the plaintiff to start stating the claims and legal basis."

"Good judge."

Xiao Feng nodded.

"Our litigation application statement has only two points:"

"One: We ask the other party to compensate our medical expenses, mental loss expenses, and follow-up medical expenses, totaling 40 yuan."

"Two: We ask the other party to bear the litigation costs and lawyer's fees for this trial."

"Judge, we have finished our statement."

dong dong!

After Xiao Feng finished his statement, Qian Wei turned over a page of litigation materials, and rang the gavel: "The defendant, please start the statement."

"Good judge."

Su Bai nodded.

This is the first civil lawsuit against the defendant since he came here.

As a defendant...
Still a little unaccustomed.

But Su Bai only had this feeling for a moment.

Soon, Su Bai adjusted his status and looked at the seats in the courtroom.

"Presiding judge, we believe that the plaintiff's claim is unreasonable."

"We apply to dismiss the other party's lawsuit application."

"Our application for action states as follows:"

"One: The other party has no direct evidence to prove that Zhang Dahu knocked down Chen Meixia, so the accusation is not established.

Therefore, we are not responsible for Chen Meixia's collapse and should not bear the relevant medical expenses. "

"Second: After Zhang Dahu helped Chen Meixia and sent her to the hospital with kindness, he paid a certain amount of medical expenses in advance out of kindness. This part of the medical expenses is equivalent to Zhang Dahu lent Chen Meixia.

However, Chen Meixia never returned Zhang Dahu's advanced medical expenses, and decided that it was Zhang Dahu's compensation for medical expenses.

But we didn't knock down Chen Meixia at all, so we don't need to bear the medical expenses for compensation.

Here, we apply that Chen Meixia needs to return the medical expenses advanced by Chen Dahu. "

"Three: Zhang Dahu sent the unconscious Chen Meixia to the hospital, and took the initiative to pay the medical expenses in advance. He acted bravely and willingly to help others.

Being maliciously misinterpreted by the plaintiff has caused a huge impact on our reputation loss, and we request the other party to make a public apology to us. "

"Four: We apply, and the litigation costs shall be borne by the plaintiff."

"Judge, we have finished our statement."

This lawsuit applies to...
Plaintiffs are totally unacceptable.

After listening to Su Bai's court statement, Qian Wei in the trial seat frowned and glanced at the defendant's seat.

And the old lady Chen Meixia, who was sitting on the plaintiff's seat, was even more furious, she couldn't accept Su Bai's conditions at all.

What the hell is this condition?

I took you to court because I want you to pay me money, so it's fine now!
You still ask me for money? !
What kind of medical expenses do you want me to pay in advance? You have already paid for it, and you want me to pay you back?

What are you thinking?

How beautiful it is!
Only three words: impossible.

I came here today to ask for money, not to lose money.

Chen Meixia was very firm in her heart: absolutely impossible.
.
....
Su Bai:? ? ? ?

What's wrong with asking for money?

It's not asking you to pay, but asking you to pay back the medical expenses that Zhang Dahu paid in advance. Is there any problem?

You have returned the medical expenses advanced by the kind-hearted people, is there no problem?

If there is no evidence to prove that you are blackmailing, I will send you in backhandedly, so I will come out to blackmail when I am old.

The medical expenses that people kindly paid in advance should be returned, shouldn't it?
Plaintiffs seat.

Chen Meixia pulled Xiao Feng's clothes:
"Lawyer Xiao, the other party's application is really shameless. We must win this lawsuit..."

"Otherwise, I, a helpless old lady, really have nothing to do."

Chen Meixia and Xiao Feng whispered and muttered to each other, and they were miserable.

but.…

As a lawyer who has stayed in a first-class law firm for so long, Xiao Feng, what situation has he not seen?
Nodding her head, she responded calmly and said, "Don't worry... If you sue, your legal rights will definitely be guaranteed."

Legal rights?

Does that mean there is no guarantee of winning?
Not getting the answer she wanted, Chen Meixia smiled and didn't say much.

His complexion was obviously not very good-looking, and he set his eyes on the seats in the courtroom.

dong dong!

Qian Wei sounded the gavel: "Both the plaintiff and the defendant have filed their lawsuits."

"Then start submitting factual or legal basis."

"Plaintiff, please start stating the factual basis or legal basis."

"Good judge."

Xiao Feng nodded and looked at Chen Meixia:
"Presiding judge, we have applied for our party to state the process at that time."

"If the application is approved, the party concerned can make a detailed statement of what happened at that time."

"let's start."

Seeing that the opportunity came, Chen Meixia immediately stood up and looked at the presiding judge Qian Wei who was sitting on the seat of the trial platform.

There was a trembling in the voice.

"I can't remember the specifics, but I remember it like this."

"...I was on the road at the time, and as I was walking, I suddenly felt as if I was hit by a big rock behind me."

"Then I lost consciousness...but before I lost consciousness, I saw Zhang Dahu's face."

"That's right, that's the face of the one sitting in the dock."

"Zhang Dahu's expression was very surprised, oh yes, he was still holding a mobile phone in his hand at that time."

"And then I don't know anything..."

"Presiding judge...you must make the decision for us elderly people and vulnerable groups like us."

"and also.…"

Chen Meixia shifted her gaze from the seat on the trial bench to the defendant's seat, pointing at Zhang Dahu with trembling fingers, her tone completely changed from before.

The whole thing is a sour and mean face.

"The presiding judge...it's him, it's the man across from me who bumped into me!"

"He is just a bully. He thinks he can escape without monitoring...Although he said he sent me to the hospital and paid for the medical expenses...but he knocked me down, and he should pay for it! "

"Why doesn't he pay, why should I pay his medical expenses?!"

"Now that I know that there is no surveillance to prove that it was him who hit me, I say it wasn't him, and I'm asked to refund the medical expenses and apologize to him."

"Why?"

"Isn't the person on the other side bullying me, an old man, nakedly? See how old I am and want to bully me hard."

"I tell you, no one can bully me, the law will give me justice!"

"The presiding judge... I am an old man in his 70s, can I still blackmail him?"

"He obviously knocked me down, and now he knows that there is no surveillance certificate, and he said he didn't hit me, what should I do...?"

"I can't produce evidence, but I know that he hit me, I clearly saw him hit me..."

"..."

Chen Meixia has been holding on to this topic, making a statement.

At this time, Su Bai raised his hand and asked: "Judge, I would like to ask a question."

"The plaintiff is over 70 years old. Leaving aside the idea of ​​deliberate blackmail, in Zhang Dahu's dictation, Chen Meixia had already fallen to the ground... in a semi-comatose state."

"Chen Meixia was inspected by the law enforcement department at the first time. During the investigation, she also said that she didn't remember clearly... But now, how can it be said that she saw Zhang Dahu bumping into it?"

"I still remember how Zhang Dahu bumped into him, I remember it so clearly."

"Besides, the other party said that Zhang Dahu hit him from behind, so how did he see Zhang Dahu's face clearly?"

"Chen Meixia's statement completely contradicted the review and investigation of the law enforcement agency at the time... and Chen Meixia's own confession at the time."

"And it doesn't match the facts and objective factors."

"May I ask the plaintiff, did you remember clearly at the time, did Zhang Dahu bump into it?"

Chen Meixia was stunned for a moment, she didn't expect Su Bai to come here.

There was a few seconds of awkward silence, and then blurted out:

"I'm old, and I can't remember clearly after I was hit. Now that I think about it, it was Zhang Dahu who hit me!"

"Then you mean that the confession at that time was inaccurate?"

"I.…"

Chen Meixia hesitated for a few seconds, hesitated to say anything.

On the bench seat.

dong dong!

Qian Wei struck the gavel forcefully, and the deafening sound resounded in the courtroom.

"The defendant must not interrupt the plaintiff's statement!"

"Warning now!"

Hearing Qian Wei's warning, Su Bai frowned slightly...

He had already raised his hand just now, if it was a warning, why didn't he warn him when he asked for the first time?
And on such a critical issue, interrupted him to warn?
Su Bai looked at the seats in the courtroom.

I noticed that the expression on Qian Wei's face was a bit unnatural...

Brows furrowed.

I wondered in my heart, isn't this trial a simple civil lawsuit?

Su Bai had a hint of anticipation in his heart, and said, "Good presiding judge."

Qian Wei knocked on the gavel, interrupting Su Bai's inquiry, making Chen Meixia slightly relieved.

Followed by.

Qian Wei said: "According to the evidence provided by the relevant law enforcement officers, I will now make a general review."

"The evidence provided by the law enforcement officers comes from the confessions of Chen Meixia and Zhang Dahu."

"The statements of both parties are inconsistent."

"And the evidence provided by the law enforcement officers has evidence of visits and investigations."

"According to the evidence from the interview and investigation, it is true that Zhang Dahu helped Chen Meixia and sent her to the hospital."

"But no one really saw whether Chen Meixia was knocked down by Zhang Dahu. Regarding the above evidence and what happened, does the original defendant have any objections?"

Su Bai: "No objection."

Xiao Feng: "No objection."

dong dong!

"Since both parties have no objection, let's start the defense of both parties based on this point."

"Plaintiff makes a statement first."

"Good presiding judge, we believe that in this case, no one saw whether our client, Chen Meixia, was hit by Zhang Dahu, but someone saw Zhang Dahu helping her up."

"so good.…"

"According to our client, Chen Meixia, she was hit by Zhang Dahu."

"According to our client's statement...Chen Meixia has no subjective need to lie."

"So we think our request is reasonable.... Sentencing Zhang Dahu to pay compensation for assault is an application to assert our legal rights."

Why is it called the right to apply for legal compensation for Zhang Dahu's assault?
After Xiao Feng finished speaking, Su Bai immediately brought out a point of view.

"What does it mean that Chen Meixia has no subjective need to lie?"

"Chen Meixia's performance is very obvious, she just wants money."

"Her subjective need is to find someone to bear her medical expenses and follow-up treatment expenses, and use spiritual loss as blackmail."

"To put it bluntly...the other party's behavior is a kind of fraud."

"Moreover.…"

"Whether it is the plaintiff or our defendant, neither party has any evidence to prove whether Zhang Dahu has hit someone."

"Your party... insisted that Zhang Dahu hit someone, so is there any evidence?"

"Is there no proof?"

Facing Su Bai's questioning, Xiao Feng retorted:
"But you have no evidence to prove that he didn't hit anyone, but someone saw Zhang Dahu helping Chen Meixia up."

"Through this, we can deduce that it was Zhang Dahu who knocked Chen Meixia down."

"Do you have any evidence to show that you didn't hit someone? There is also no evidence!"

"That is, the defendant cannot prove whether he hit someone."

On the other side, it's all nonsense...

The defendant can't prove whether he hit someone, which means that the defendant hit someone?
What does this say?
As a civil litigation lawyer, who doesn't know who advocates and who gives evidence?
If you sue me, you have to come up with factual basis. If you can’t come up with factual basis, what are you guessing here?
But the other party just didn't bring it up, and insisted on involving other aspects, saying that you have no evidence, and it was you who bumped into it.

Su Bai:? ? ?
Both sides have no evidence, you sue me, this matter is not a subjective case, but a case that focuses on practical evidence.

What are you talking about here?
.
 …
PS: Ask for a monthly pass~

　It happened to be broken here... If I write it down, a famous scene will be broken...

　　Tomorrow's update will be a little later, mainly for continuous chapters~
　　It might be around seven or eight o'clock in the evening.

　　
　
(End of this chapter)